FOUNTAIN CITY CO-OP. CR. ASS'N v. COMMISSIONER OF INT. REV.

No. 9667.

172 F.2d 666 (1949)

FOUNTAIN CITY CO-OP. CREAMERY ASS'N v. COMMISSIONER OF INTERNAL REVENUE.

United States Court of Appeals Seventh Circuit.

February 17, 1949.


Attorney(s) appearing for the Case

Martin L. Fugina, of Fountain City, Wis., for petitioner.

Theron L. Caudle, Asst. Atty. Gen., Arthur L. Jacobs, Atty., U. S. Dept. of Justice, of Washington, D. C., and Ellis N. Slack and Carlton Fox, Sp. Assts. to Atty. Gen., for respondent.

Before MAJOR, Chief Judge, and KERNER and MINTON, Circuit Judges.


MINTON, Circuit Judge.

The Commissioner of Internal Revenue found and declared a deficiency in the income and declared value excess profits tax against the petitioner-taxpayer in the sum of $1,535.77. The Tax Court sustained the action of the Commissioner, and the taxpayer has appealed.

The taxpayer is a corporation of Wisconsin and claims to operate as a cooperative association under the laws of that state. It was engaged in the buying and selling of butter...

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